Appellate Division: Second Judicial Department

M287131

E/afa

VALERIE BRATHWAITE NELSON, J.P.

REINALDO E. RIVERA

JOSEPH A. ZAYAS

HELEN VOUTSINAS, JJ.

2020-09391 U.S. Bank National Association, etc., appellant, v Robyn R. Simon, respondent, et al., defendants. (Index No. 702414/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 7, 2020. The appellant has brought into question the constitutionality of the Foreclosure Abuse Prevention Act, L 2022, ch 821, notice of which the Attorney General is required to receive pursuant to Executive Law § 71.

Now, on the Court's own motion, pursuant to Executive Law § 71(1), it is

ORDERED that on or before February 1, 2023, the appellant shall serve copies of the record, the appellant's brief, the appellant's and the respondent's supplemental letter submissions, and this decision and order on motion upon the Attorney General, by one of the methods specified in CPLR 2103 (b)(1), (3), (6), or (7), and shall file proof of service, via NYSCEF; and it is further,

ORDERED that on or before February 22, 2023, the Attorney General shall either (1) notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or (2) file a brief in support of the constitutionality of the Foreclosure Abuse Prevention Act, L 2022, ch 821, via NYSCEF; and it is further,

ORDERED that in the event the Attorney General elects to file a brief, the appellant and the respondent may file a brief in response, via NYSCEF, within two weeks after service upon them of the Attorney General's brief, if so advised.

BRATHWAITE NELSON, J.P., RIVERA, ZAYAS and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court